Covid, Mirabelli: “no-vax medical suspension? If without a salary it can be illegitimate”

The suspension of 115 no-vax health workers in South Tyrol “if without salary could be illegitimate. The staff, where possible, must be used for different services that are not dangerous for third parties or for the operator himself”. In the event that there is absolute unavailability of an alternative to the original function, however, a problem of labor law comes into play: “Can there be dismissal? It is a slippery ground to be carefully evaluated. Because the termination of the relationship could be there”. The former president of the Constitutional Court, Cesare Mirabelli, talks about it with Adnkronos, who on the mandatory nature of vaccination for a single category states: “The line chosen by the Government is one of persuasion and diffusion. It seems reasonable to me that the ‘generalized obligation by law because there is still no capacity to vaccinate the entire population: the vision is adequate with respect to the objective “. According to the former president of the Consulta, outside the pandemic situation, in fact, the “burden” of vaccination for health professionals could be removed “. Mirabelli distinguishes between” vaccination burden for health professionals “and” general obligation “:” Health professionals have the burden of vaccination related to the performance of certain activities; they are not undergoing a generalized obligation – he explains – The obligation to vaccinate can be imposed by law and must be justified with respect to a public interest in health, defined by the Constitution as a fundamental right of the person and individuals, and the interest of the community, in a integration between these two perspectives “.” In the case of doctors – he continues – it is therefore not a generalized obligation to vaccinate, but a need for vaccination connected to the performance of certain activities. Healthcare personnel in places of care or cohabitation such as residences for the elderly may therefore have the burden of vaccination, not the obligation: that is, in order to carry out a certain activity, they must have requirements in the absence of which they cannot be used for a certain function, therefore it can be suspended “. The former president of the Council specifies:” No to no-vax evaluation by principle or conviction. And the termination of the relationship is admissible only if it is completely impossible to use the alternative health care without the need for vaccination. But it doesn’t seem like a current problem to me. “The suspension in South Tyrol, he concludes,” seems more like an element of pressure. A first warning “. (By Roberta Lanzara)